Larry Klayman
The judge Trump must not pick for SCOTUS
Larry Klayman identifies jurist who 'thinks little of the 4th Amendment'
By Larry Klayman
July 3, 2018

Last Friday I went downstairs in the hotel I am currently staying at to ask the person stationed at the front desk to print out a document penned by Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit). Interestingly, the desk clerk uncharacteristically gave me a hard time. Notwithstanding that I am an preferred member of this hotel chain, I at first could not understand her demand that I pay 15 cents per page to print out just a few pages. Last week, the person in charge at my cleaners refused to quickly press and fold a few shirts, as I was hastily leaving town for work and needed them for court appearances. And, days before that I was treated nastily in another public place. Scratching my head, I finally figured it out. On all of these occasions I was either wearing a red jersey that said "TRUMP 45," or a windbreaker I had acquired attending the inaugural of the 45th president of the United States, Donald J. Trump. This jacket was emblazoned with a logo, with The Donald's signature below, celebrating his inauguration.

The hostile reception by these persons, all of minority descent or ethnicity, was troubling. For my part, I am a big advocate of minority rights, as long as they do not exceed and are equal to the rights of the rest of us. Indeed, as a Jew who is a believer in Jesus Christ and thus calls himself a "Jewish Christian," I am the member of a very small minority.

Above all, what this told me, particularly in the context of what occurred later – the forced removal of White House Press Secretary Sarah Sanders from a Virginian restaurant, coming on the heels of a similar attack by leftists on Secretary of Homeland Security Kirsten Nielsen at a Mexican restaurant in Washington, D.C. – was that there is an increasingly hateful and vindictive mindset among non-conservatives who despise anything or anyone associated with the president. This has been stoked by the media likes of CNN, MSNBC, the Washington Post, the New York Times and Los Angeles Times, as well as most Democrats and leftist groups, who have peddled falsely to the public that our 45th president is a racist.

If wearing a Trump jersey or jacket evokes this emotion, then one can even more readily understand the unhinged if not rabid reaction of the left to the news this week that President Trump will again get to fill a seat on the U.S. Supreme Court, after the announced retirement of Justice Anthony Kennedy. We conservatives and pro-Trump supporters of all political persuasions have a real problem to confront, one that thus far has resulted in tens of violent reactions and so-called protests, but ultimately can lead to a bloodly civil war between left and right.

That said, it is time for we conservatives not only to confront this bigotry, but also sober up and not worry about the left's reaction to whoMever President Trump picks to fill the Kennedy seat. Like the president himself, we must plow ahead and do what we think is right, no pun intended.

The jurist who is being touted as a replacement, with publicity generated undoubtedly by him and is supporters akin to the run up to the Academy Awards, is the Honorable Brett Kavanaugh of the D.C. Circuit.

I have appeared before the relatively young Judge Kananaugh and found him to be likeable and also to project a good image. He also had been on the team that investigated the Clintons during the 1990s, having been picked by former judge at the time Kenneth Starr. Starr and he failed to bring the Clintons to justice – but then again thus far no one has save for the lone court ruling I obtained at Judicial Watch that Slick Willey had committed a crime in releasing the Privacy Act protected White House file of a woman he had sexually harassed in the Oval Office, Kathleen Willey. No one has thus far jailed this felonious less than dynamic Bonnie and Clyde duo of American politics.

Judge Kavanaugh is wrongly thought of as a "solid conservative" – though presently, thanks to public relations he undoubtedly has generated, he is the top candidate for the Kennedy seat.

Before running off on a honeymoon with Judge Kavanaugh, true conservatives and their allies in the libertarian and even liberal communities when it comes to civil liberties such as privacy, must consider what I am about to reveal to you before swallowing the Washington, D.C. "swamp PR Kool Aid."

In a case I successfully brought against the Obama deep state intelligence agencies styled Klayman v. Obama and the NSA, we at Freedom Watch obtained two preliminary injunctions ordering the cessation of what Judge Richard Leon called out as "almost Orwellian" mass surveillance. This illegal and unconstitutional mass surveillance against hundreds of millions of American citizens had initially been revealed by Edward Snowden and later whistleblowers I had represented. Judge Leon's rulings were not just landmark decisions, finding that the Fourth Amendment to the Constitution had been violated with unreasonable wholesale searches and seizures of cellphone records, but they provoked legislation intended to prevent this government tyranny from occurring again. The new law was called the USA Freedom Act.

As a result, when Judge Leon's orders were appealed by the Obama Justice Department, the D.C. Circuit, ruling though a panel of three judges, vacated his orders, feeling that the new law remedied this unlawfulness. I then appealed this to the full en banc panel of nine judges and asked them to reverse the ruling of the three-judge panel, as it was clear to me that the deep state's unconstitutional conduct would continue – which it has to this day. I argued that the preliminary injunctions should stay in place as a protection to the populace.

The nine-judge en banc panel, comprised of mostly leftist and government establishment jurists, did not grant my request, without a written opinion. However, Judge Kavanaugh, without solid procedural basis, gratuitously wrote one in which he grandstanded and pandered to the deep state intelligence agency establishment, validating this "almost Orwellian" mass surveillance. The opinion is linked here; I urge you to read it carefully.

As a result, it is clear to me that real conservatives, libertarians and liberals who believe in civil liberties and privacy rights cannot and should not support a nomination by the president of Judge Kavanaugh. As a jurist who thinks little of the Fourth Amendment prohibition against unreasonable searches and seizures by the government, he is unqualified and thus unsuited to serve on our nation's highest court.

© Larry Klayman


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Larry Klayman

Larry Klayman, founder of Judicial Watch and Freedom Watch, is known for his strong public interest advocacy in furtherance of ethics in government and individual freedoms and liberties... (more)


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